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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Part X. — Appeal

Part X.
Appeal.

79.There shall be within the colony a Court of Record, called Native Appellate Court, "The Native Appellate Court," which shall consist of the Chief Judge and such other Judges of the Native Land Court as the Governor may from time to time appoint.
80.Every Registrar and Clerk of the Native Land Court shall 0fficers. without further appointment be a Registrar and Clerk of the Appellate Court.
81.The Appellate Court shall have jurisdiction in every matter Jurisdiction. in which the Native Land Court has jurisdiction, and in the exercise thereof shall have all the powers conferred upon the Native Land Court by this Act.
82.The jurisdiction of the Appellate Court shall be exercised Notice of appeal. on notice of appeal given by or on behalf of any person aggrieved by a decision of the Native Land Court, or of a Judge thereof.
83.Notice of appeal shall be in writing, and may be given to the To be in writing. Clerk of the Court rrom the decision of which an appeal is made, or to the Registrar of the district.
84.Notice of appeal from any decision under subsections one, Time for appealing. two, four, five, or ten of section fourteen hereof may be given within thirty days, and from any other decision shall be given within four-teen days, after the day on which the decision is orally pronounced in open Court:

Provided always that where the Court shall, in the course of any proceedings under the above-mentioned subsections, exercise any other branch of its jurisdiction, a notice of appeal from the decision under any of the said subsections shall be valid so as to enable an appeal to be made from the whole judgment: Provided further, that the Chief Judge may, for any reason which shall seem to him sufficient, and on such terms as may seem just, permit a notice of page 22appeal to be given after the time limited by this Act; but no such extension of time shall exeeed three months from the date of such decision.

85.Security. The presiding Judge, or the Chief Judge, shall, forthwith on notice of appeal having been given, by order direct that such sum of money as he shall think fit be deposited by the appellant as security for the costs of the appeal, and such sum shall be deposited with the Registrar of the district within fourteen days after the amount thereof shall have been fixed, or within such time as may be limited by such order: Provided that the Chief Judge may vary any sum so directed to be deposited.
86.Grounds o£ appeal. The appellant shall, at the time of givmg notice of appeal, or within twenty-one days thereafter, file with the Registrar for the district a statement of the grounds upon which he rehes in support of his appeal: Provided always that the Chief Judge may at any time, before the expiration of the said twenty-one days, allow further time for filing such statement, and allow any such statement to be amended, upon such terms as he may think fit.
87.Appeal on grounds only. No appeal shall be allowed on any ground not alleged in such statement or amended statement, unless the Court hearing an appeal shall be of opinion that the appeal may be so allowed without actual injustice to the other parties appearing on the appeal.
88.Constitution of Court. The Appellate Court shall sit at such times and places as the Chief Judge may from time to time by order direct, and shall be constituted by not less than two of the Judges appointed under the provisions of section seventy-nine of this Act. Before the time appointed for the commencement of any sitting the Chief Judge may, by order under his hand, adjourn such sitting to any other time or place as he shall think fit.
89.Sittings of Court. The Appellate Court may sit in two or more divisions at the same time, and each division shall have all the jurisdiction and powers of the Appellate Court.
90.Order of Appellate Court. The Appellate Court, by order, may—
(1.)Affirm the decision appealed from, which shall thereupon be as effectual as if no appeal had been made; or
(2.)Direet the Native Land Court to give such other decision as to the Appellate Court rnay seem just; and, on such order being filed with the Registrar of the Court, the decision thereby directed to be given shall be deemed to have been given by the Native Land Court, which shall thereupon issue orders in accordance therewith.
91.Saving as to rehearing. Nothing in this Act shall enable an appeal to be made from any decision upon a rehearing had in pursuance of any order for rehearing made prior to the passing of this Act.
92.Appellate Court may state ease for opinion of the Supreme Court. The Appellate Court may state a case for the opinion of the Supreme Court on any point of law that may arise, and the decision of the Supreme Court on such point of law shall be binding on the Appellate Court.
93.Finality. The decision of the Appellate Court shall, as to every question of law and fact, be final and conclusive.
94.Rehearing, application for, not yet disposed of. All applications for rehearing made but not dealt with or disposed of before the coming into operation of this Act may, at the page 23discretion of the Chief Judge, and upon such terms as he shall think fit, toe dealt with as notices of appeal under this Act.
95.The Appellate Court shall have the power to associate with Appellate Court may assooiate an Assessor with itself. itself an Assessor to assist and advise the Court; but the concurrence of such Assessor shall not be essential to the validity of any judgment.